Commonwealth Numbered Acts

ENDANGERED SPECIES PROTECTION ACT 1992 No. 194 of 1992 - SECT 5

5.(1) For the purposes of this Act, any of the following areas, and any parts
of the following areas, are Commonwealth areas:

   (a)  subject to subsection (2), an area of land owned, or held under lease,
        (including land owned or held under lease in Norfolk Island) by the
        Commonwealth or a Commonwealth agency;

   (b)  an area of land in:

        (i)    an external Territory (other than Norfolk Island); or

        (ii)   the Jervis Bay Territory;

   (c)  subject to subsection (3), the coastal sea;

   (d)  the seabed of, and the waters above, the continental shelf of
        Australia;

   (e)  the Australian fishing zone;

   (f)  any other area of land or sea that is declared to be a park or a
        reserve under section 7 of the
        National Parks and Wildlife Conservation Act 1975.

(2) Despite paragraph (1)(a), an area of land that is Territory Land within
the meaning of the
Australian Capital Territory (Planning and Land Management)  Act 1988 is not
taken to be a Commonwealth area merely because of the application of that
paragraph, unless it is held under lease by the Commonwealth or a
Commonwealth agency.

(3) Despite paragraph (1)(c), the following areas, and any parts of the
following areas, are not Commonwealth areas by virtue of that paragraph:

   (a)  any area of the seabed, and any of the space (including space occupied
        by water) above that seabed, vested in a State under section 4 of the
        Coastal  Waters (State Title) Act 1980 ;

   (b)  any area of the seabed, and any of the space (including space occupied
        by water) above that seabed, vested in the Northern Territory under
        section 4 of the Coastal Waters (Northern Territory Title) Act 1980.